QuestionThe adverse insurance company wants to settle our claim. Property damage left is $2,575 Medical is $30,000. The form says I can't sue them but I am releasing them to sue me. Is this standard for State Farm. Both of us had State Farm.
The person who hit me was high on drugs and went to jail, we have filed for restitution and didn't want to sign the release until the restitution hearing is completed
AnswerRandy,
Sorry for the delay, I was out having dinner as I am a real person, lol. Anyway, so are you sure you are understanding the release language correctly? I have dealt with State Farm countless times on many different types of claims, including injury claims and property damage claims. Normally, there is a specific release for property damages and then a general release that finalizes the claim after the injury/medical portion is settled. If you are referring to a hold harmless clause, then I think you shouldn't really worry too much, these clauses are standard parts of most releases. What are they gonna sue you for anyway? If they decide to sue you do you think that a piece of paper will stop them from filing the suit and costing you the time and money to answer the suit. I don't think it will stop them. The release is simply saying that you agree this is it, the final amount you are going to receive for these specific damages. It is unlikely that State Farm would be using an illegally worded release, and I haven't heard of any instances where State Farm has sued somebody after they paid them money on a claim. Anyway, I would never advise anybody to sign something they didn't understand and if you are too worried about it, ask an attorney. If you are paid for your damages, the restitution hearing is irrelevant, right? Restitution for what? What you have already recovered from insurance proceeds? Anyway if you think the settlement amount is fair, take it and consider that I think it unlikely there is anything weird going on with the release.
Sorry if I rambled, and I hope this helps. . . .
JP
